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Home My WebLink AboutZBA-05/25/2006 " APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman . . Mailing Address: Southold Town Hall 53095 Main Road. P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net RECEIVED '" ~ 1:01a.. SEP 2 6 ZO06 'ff). ~~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 MINUTES REGULAR MEETING THURSDAY, MAY 25,2006 A Regular Meeting of the SOUTHOLD TOWN ZONING BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold, New York 11971-0959, on Thursday, May 25,2006 commencing at 9:30 a.m. Present were: Ruth D. Oliva, Chairwoman/Member Gerard P. Goehringer, Member James Dinizio, Member Michael A. Simon, Member Leslie Kanes Weisman, Member Kieran Corcoran, Assistant Town Attorney (1 :00 pm - 2:00 pm) Linda Kowalski, ZBA Confidential Secretary Florence Wiles, Court Reporter 9:37 a.m. Chairwoman Oliva called the meeting to order. . . . AGENDA ITEM I: The Board proceeded with the first item on the Agenda as follows: I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): BOARD RESOLUTION: Motion was made by Member Oliva, and seconded by Member Goehringer to declare the following Negative Declarations with No Adverse Effect for the following projects as submitted: Tvoe II Actions (No further steps - setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): JAMES CURRAN #5795. JAMES BISSETT III #5894. STEPHANIE MIRITELLO #5849. LAWRENCE and ANN EKSTER #5891. KEVIN and VIRGINIA COTTON #5896. JEANINE O'HAGEN-MURPHY #5890. PAUL and CHERYL RAGUSA #5897. ROMANELLI BROTHERS, LLC by John Romanelli, President #5882. RICHARD PERRY #5886. RICHARD and SUSAN WARD #5867. Page 2 - Minutes Meeting held May 25, 2006 Southold Town Zoning Board of Appeals . . Tvoe II Actions continued: (No further steps - setback/dimensional/lot waiver/ accessory apartment/bed and breakfast requests): THOMAS PERILLO #5879. FISHERS ISLAND WINDSWEPT PROPERTIES, LLC and ROSALYN DRISCOLL #5883. ANDREW LOWRY, MANAGING MEMBER/343 EAST 18th STREET #5860. FRANCIS W. DEEGAN #5892. SHEILA R. KENNEDY, Contract Vendee (RAUCH PARTNERS LP, Owners) #5870. SOTIRIOS KASSAPIDIS #5888. THOMAS and MARY FITZPATRICK #5880. BENEDICT POLLIO #5889. ARLENE and PETER MANOS #5893. Vote of the Board: Ayes: All. Resolution was duly adopted (5-0). * * * II. DELIBERATIONS/DECISION (PH's held 4/27/06) The Board deliberated on the following application; voted to approve with conditions, (original filed with Southold Town Clerk) and attached. JOHN and JACQUELINE BENDICK #5881 OTHER: NICHOLAS ALIANO #5846. RESOLUTION ADOPTED: Motion was made by Member Weisman, seconded by Member Goehringer, it was RESOLVED, to extend the written portion to May 31,2006 (PH held 4/27/06) to accept written correspondence submitted to ZBA. Vote of the Board: Ayes: Member Oliva (Chairwoman), Goehringer, Dinizio, Simon and Weisman. This Resolution was duly adopted (5-0). * ** III. PUBLIC HEARINGS: (Please see transcript of written statements prepared under separate cover.) 9:40 A.M. JAMES CURRAN #5795. Request for a variance under Section 100-33 based on the Building Inspector's July 28, 2006 Notice of Disapproval concerning the location of an as-built accessory shed in a front yard, instead of the code-required rear yard, at 680 Oakwood Court (at Wood Drive, Lakeside Drive), Southold; CTM 90-4-4. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Weisman, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 9:48 A.M. JAMES BISSETT III #5894. Bill Kelly, Agent. Request for a Variance under Section 100-33A, based on the Building Inspector's March 16, 2006 Notice of Disapproval, concerning a new horse barn proposed at a height exceeding the code limitation of 18 feet, at 55 Cox Neck Road, Mattituck; CTM 113-7-19.23. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). Page 3 - Minutes Meeting held May 25, 2006 Southold Town Zoning Board of Appeals . . PUBLIC HEARINGS continued 9:52 A.M. STEPHANIE MIRITELLO #5849. R. Lark, Esq. Request for a Variance under Section 100-242A, based on the Building Inspector's January 6, 2006 Notice of Disapproval concerning "as built" alterations to an existing nonconforming accessory, seasonal cottage containing 520+/- square feet of floor area. The reason stated for disapproval are: (1) that the existing seasonal accessory cottage was altered to include heat and to convert a sunroom to a bedroom, which is not permitted under Section 100-242A when alterations create a new nonconformance or increase in the degree of nonconformance; and (2) Section 100-31A permits only one single family dwelling on a lot, and the as-built alterations create a year-round accessory cottage. Location: 3535 Cox Neck Road, Mattituck; CTM113-3-3.1. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 10:11 AM. LAWRENCE and ANN EKSTER #5891. Request for a Variance under Section 100-30A3, based on the Building Inspector's April 5, 2006 Notice of Disapproval concerning proposed additions/alterations to the existing dwelling at less than 50 feet from the front yard lot line, at 570 Horseshoe Drive, Cutchogue; CTM 95-4- 18.20. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 10:15 AM. KEVIN and VIRGINIA COTTON #5896. Request for Variances under Section 100-244, based on the Building Inspector's April 5, 2006 Notice of Disapproval concerning proposed additions/alterations to the existing dwelling at less than 35 feet from the front and rear iot lines, less than 25 feet for combined (both sides required at 10ft. and 15 ft. minimum), and with lot coverage in excess of the code's 20% limitation. Location of Property: 825 Dogwood Lane, Southold; CTM 54-5-33. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Weisman, to recess the hearing until the applicant returns early this afternoon with alternative diagrams. The Resolution was duly adopted (5-0). (See 12:18 p.m.) 10:32 AM. JEANINE O'HAGEN-MURPHY #5890. Diane Herold, Architect. Request for Variances based on the Building Inspector's May 9, 2006 Notice of Disapproval, under (a) Section 100-243 pertaining to nonconforming setback and nonconforming use of a cottage containing less than 850 square feet in size, and (b) Section 1 00-244 to raise and alter the existing nonconforming building, which will increase the degree of nonconformance in a location at less than 35 feet from the front yard lot line. The applicant proposes to raise the existing nonconforming building with a nonconforming (cottage) use, and to make renovations and construct a deck and hot water heater addition, at 4250 Breakwater Road, Mattituck, CTM 106-9-1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Weisman, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 10:46 A.M. PAUL and CHERYL RAGUSA #5897. Request for a Variance under Section 100-231, based on the Building Inspector's February 28, 2006 Notice of Disapproval concerning fence construction in excess of the code's four ft. height limitation when iocated in the front yard, at 2700 Harbor Lane, Cutchogue; CTM 103-1-20.8. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTIONS: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 11 :18 A.M. ROMANELLI BROTHERS, LLC by John Romanelli, President #5882. G. Strang, Architect. Request for a Special Exception under Section 100-71 B(3) to establish an Apartment use over the first floor business office use in this RO Residential Office Zone District, at 51750 Main Road, Southold; CTM 63-6-4. (Please see Page 4 - Minutes Meeting held May 25, 2006 Southold Town Zoning Board of Appeals . . PUBLIC HEARINGS continued transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Simon, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 11 :31 A.M. RICHARD PERRY #5886. Request for a variance under Section 100-30A.3 and 100-242 (Walz Interpretation #5039 rendered 1/2102), based on the Building Inspector's February 6, 2006 Notice of Disapproval concerning a proposed addition, which will increase the degree of nonconformity when located less than 50 feet from the front yard lot line, at 830 Clearview Road, Southold; CTM 89-3-11.5. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Weisman, to adjourn to June 22, 2006 at 9:30 a.m. The Resolution was duly adopted (5-0). 12:12 P.M. RICHARD and SUSAN WARD #5867. Request for variances under Section 100-32 (ref. Section 100- 244 Bulk Schedule), based on the Building Inspector's July 5, 2005 Notice of Disapproval, amended March 2, 2006, for lot sizes and side yard setback of the existing dwelling resulting from a proposed change of lot lines (re- division of existing Lots 1 and 2). Each lot will remain nonconforming with less than 80,000 square feet of land area and less than 175 feet of lot width, and the side yard will be less than 20 feet from the existing dwelling from the revised lot line. Location of Property: 4006 Old North Road, Southold; CTM 55-2-5.2 and 5.3. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 12:18 P.M. KEVIN and VIRGINIA COTTON #5896 (carryover from 10:15 A.M.) (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 12:27 P.M. THOMAS PERILLO #5879. P. Moore Esq. Requests for amended Variance (referring to ZBA Decision #2582 dated 9/6/1979) and Variance under Sections 100-3-A.3 and 100-244 (Bulk Schedule), based on the Building Inspector's December 12, 2005 Notice of Disapproval. Applicant proposes to re-Iocate the access right-of-way from the west side to the east side of Lot 17.2 resulting in the proposed change of lot line and new nonconforming front yard setback from the existing dwelling to the easterly front yard line at less than 40 feet on this 22,457 sq. ft. parcel. After the lot line change and excluding the proposed land exchange of the 15 ft. wide right-of-way, the nonconforming size of CTM Lot 17.2 will remain at 22,457 square feet, and nonconforming size of CTM 17.1 will remain the same, except that the ownership of the 15 ft. wide right-of-way will change when relocated with 17.1 (instead of part of 17.2). Location of Property: 1410 Peconic Bay Boulevard, Mattituck; CTM 145-2-17.2 and 17.1. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 12:33 P.M. FISHERS ISLAND WINDSWEPT PROPERTIES, LLC and ROSALYN DRISCOLL #5883. Susan Young Architect. Request for a Special Exception under Article III, Section 100-31 B, sub-section 13 of the Zoning Code to establish Accessory Apartment in the existing dwelling located at 1877 Heathulie Avenue, Fishers Island; CTM 1000-9-11-9.3. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Oliva, seconded by Member Weisman, to close the hearing reserving decision and consultation with Assistant Town Attorney regarding Notice of Disapproval by the Building Inspector. The Resolution was duly adopted (5-0). Page 5 - Minutes Meeting held May 25, 2006 Southold Town Zoning Board of Appeals . . PUBLIC HEARINGS continued 12:58 P.M. ANDREW LOWRY, MANAGING MEMBER/343 EAST 18th STREET #5860. Patricia Moore, Esq. Request for Variance under Section 100-244, based on the Building Inspector's March 23, 2006 amended Notice of Disapproval, concerning construction of a new dwelling at less than 40 feet from the front yard lot line (after demolishing the existing dwelling). (No alterations or changes to the nonconforming accessory cottage are proposed.) Location of Property: 115 East Side Avenue, Mattituck; CTM 99-3-19. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 1:15 P.M. FRANCIS W. and NANCY DEEGAN #5892. Request for Variance under Section 100-242 (Walz Interpretation #5039 rendered 1/1/02) and 100-244 concerning additions to the existing dwelling, which will increase the degree of nonconformance when located less than 15 feet from the side yard lot line, at 500 North Drive, Mattituck; CTM 106-6-28.4. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). A short recess was taken from 1 :18 - 1 :40 PM. Chairwoman Oliva reconvened the meeting at 1 :40 PM, and proceeded with Agenda Items as follow: PUBLIC HEARINGS continued 1:40 P.M. SHEILA R. KENNEDY, Contract Vendee (RAUCH PARTNERS, LP Owners) #5870. Stephen L. Ham III, Esq. (Continuation from 4/27/06 PH for attendance, requested by Walter Keenan). Request for a Variance under Section 100-32, based on the Building Inspector's February 22, 2006 Notice of Disapproval, concerning a proposed dwelling at less than 60 feet from the front yard line facing a private right-of-way, less than 75 feet from the code-required rear yard line, premises located north of Equestrian Avenue, Fishers Island at Hay Harbor; Lot #2, Minor Subdivision Map of Frances B. Rausch and other, filed 8/11/94 as Map No. 9547; CTM 9-9-22.1. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Oliva, seconded by Member Goehringer, to adjourn to June 22,2006 at 9:45 a.m. The Resolution was duly adopted (5-0). 2:15 P.M. SOTIRIOS KASSAPIDIS #5888. Christina Rivera, Agent. Request for Variances under Section 100- 230 and 100-244, based on the Building Department's March 7, 2006 Notice of Disapproval regarding a breezeway addition to an existing garage, at less than 10 feet from the side property line (Building Permit #31420), and with the swimming pool construction, all buildings and structures will exceed the 20% code limitation of lot coverage, at 3975 Breakwater Road, Mattituck; CTM 106-3-8. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 2:29 P.M. THOMAS and MARY FITZPATRICK #5880. Bill Goggins, Esq. Request for Variances under Sections 100-242A (Walz Interpretation #5039 dated 1/24/02) and 100-244, concerning proposed additions to the existing single-family dwelling, with new construction at less than the code-required 10ft. minimum side yard, and less than the code required minimum of 35 feet from both front yard lot lines, at 1160 Bailey Beach Road, Mattituck; CTM 99-3-11.19. (Please see transcript of written statements prepared under separate coveL) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Oliva, seconded by Member Simon, to close the hearing reserving decision. The Resolution was duly adopted (5-0). Page 6 - Minutes Meeting held May 25, 2006 Southold Town Zoning Board of Appeals . . , PUBLIC HEARINGS continued 2:36 P.M. BENEDICT POLLIO #5889. P. Moore, Esq. Request for a Variance, based on the Building Department's April 4, 2006 Notice of Disapproval concerning an addition to an existing dwelling. The reason for disapproval is that Section 100-31A states that "no building or premises shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except... (1) One-family detached dwellings, not to exceed one dwelling on each lot." location of Property: 445 Kimogenor Point Road, New Suffolk; CTM 117-10-1. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). 2:53 P.M. ARLENE and PETER MANOS #5893. P. Moore, Esq., and Angel Chorno, Architect. Request for a Variance under Section 100-239.4A, based on the Building Department's March 28, 2006 Notice of Disapproval, amended April 11, 2006, concerning a request to amend Building Permit #31508-Z, after demolishing the dwelling and building a new dwelling. Demolition of the construction was not requested by Applicant under Building Permit No. 31508-Z and ZBA Variance #5730 (which was for a two-ft. porch extension). The new dwelling will be located less than 100 feet from the top of the bluff or bank of the long Island Sound at 2000 Sound Drive, Greenport; CTM 33-1-18. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Member Oliva, seconded by Member Simon, to adjourn to June 22, 2006 at 10:00 a.m. pending reviews of new maps submitted this afternoon by Mr. Chorno. The Resolution was duly adopted (5-0). . . . IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. RESOLUTION: Motion offered by Chairwoman Olivia and seconded by Member Simon to authorize advertising of new hearings for June 22, 2006. VOTE OF THE BOARD: Ayes All (5-0). B. The Chairwoman confirmed the scheduled Special Meeting for 6 PM Thursday, June 8, 2006 (Annex, second floor) for deliberations, decisions and other matters coming before the Board at that time. C. RESOLUTION: Motion offered by Chairwoman Oliva and seconded by Member Simon granting request of Richard W. Vandenburgh to WITHDRAW Application of Michael Reddington ZBA File #5792 concerning a Lot Waiver Request. VOTE OF THE BOARD: Ayes All (5-0). . . . Brief review of pending files and general discussions by Board Members followed. . . . Page 7 - Minutes Meeting held May 25, 2006 Southold Town Zoning Board of Appeals . . There being no other business properly coming before the Board at this time, Chairwoman Oliva declared the meeting adjourned. The meeting was adjourned at 3:30 pm. Respectfully submitted, ~da;o//W~. IJnda Kowlaski Secretary, Board of Appeals Included by Reference: Filed ZBA Decision (1) ~ 1) , (IJ[1L2A Ruth D. Oliva, Chairwoman Approved for Filing